This Gorsuch decision is not originalist in any way; he acknowledges as much. It is simply a bad, outcome-driven legal decision. And it throws religious liberty, free speech, and employment law into complete turmoil.
The Alito dissent is a devastating rebuttal, but logic is of course of no account here. Those who love the outcome will celebrate, because the first rule of legal interpretation is that the law comes last.
Gorsuch himself acknowledges that Title VII obviously wasn't mean to cover sexual orientation or gender identity. Democrats know that too, which is why they've attempted to pass separate legislation concerning these issues. This has nothing to do with textualism, obviously.
Out: Textualism means interpreting a statute according to the meaning of its verbiage when written.
In: Textualism means progressive jurisprudence.
In: Textualism means progressive jurisprudence.
